THE DOCTRINE OF UNION PREEMPTION IN THE E.U. INTERNAL MARKET: BETWEEN SEIN AND SOLLEN

17 Colum. J. Eur. L. 477 (2010)

Amedeo Arena, Postdoctoral Research Fellow in European Union Law at the University of Naples ‘Federico II’, Ph.D. in International Law (University of Naples ‘Federico II’), LL.M. in International Legal Studies (New York University), LL.M. in European Law (King’s College London).

The introduction bythe Treaty of Lisbon ofa catalogue of competencies into the TFEUeliminated the overlap between the preclusion of national lawmaking powers resulting from the exclusive character of E. U.competences and that attributable to the enactment of E. U.legislation. This opened the door for scholarly investigation of Union Preemption as a general theory of the effects of E. U.legislation in non-exclusive competence areas. The first aim ofthis work is to describe what the doctrine of Union Preemption is (“Sein”) in the context of the E. U.internal market. In particular, this work will seek to establish whether it is possible to determine the preemptive scope ofan item of E. U.legislation by reference to certain “markers,” such as its legal form and the harmonization model it embodies. In view of the obscurity and unpredictability of the doctrine of Union Preemption as it currently stands, this work further aims to formulate recommendations as to what that doctrine ought to be (“Sollen”) in order to meet the current needs of European integration, taking into account the diversity of situations where preemption issues arise and the changes in the legal, political, and economic context that have occurred in the internal market since 1957.

This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.OkColumbia University Website Cookie Notice